GEORGE LEE MOHLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant’s conviction for dealing in stolen property is affirmed. His motion for discharge on speedy trial grounds was properly denied in that his prior counsel had requested a continuance. See State ex rel. Gutierrez v. Baker, 276 So. 2d 470 (Fla.1973).
There was sufficient evidence against defendant on the basis of which to deny his motion for directed verdict of acquittal, especially in view of the presumption under section 812.022(2), Florida Statutes (1983), that guilt can be inferred if it is shown that the accused was in possession of recently stolen property and the presumption under section 812.022(3), Florida Statutes (1983), that knowledge that property is stolen can be inferred if the accused sells the property for a sum considerably below market value, coupled with defendant’s admission that he had suspected the property was stolen when he bought it for a very low price.
DANAHY, A.C.J., and LEHAN and HALL, JJ., concur.
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Stewart v. State, 491 So. 2d 271 (Fla. 1986)…imately 157 days later, [*272] Stewart requested a continuance, thereby waiving his rights under the speedy trial rule. Ziegler v. State, 402 So. 2d 365 (Fla.1981), cert. denied, 455 U.S. 1035, 102 S.Ct. 1739, 72 L.Ed.2d 153 (1982); Mohler v. State, 466 So. 2d 1233 (Fla. 2d DCA 1985); Fla.R.Crim.P. 3.191. On January 17, 1984 the state nol prossed the felony information charging grand theft and on January 21, 1984 filed a new misdemeanor information charging petit theft. Stewart then moved for a discharge on sp…
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Clark v. L. & A. Contracting Co., 730 So. 2d 288 (Fla. 3d DCA 1998)…sal connection if the intervention itself was foreseeable.” Schmelz v. Sheriff of Monroe County, 624 So. 2d 298, 298 [*289] (Fla. 3d DCA 1993), review denied, 634 So. 2d 627 (Fla.1994). The majority’s reliance on Metropolitan Dade County v. Colina, 466 So. 2d 1233 (Fla. 3d DCA 1984), review denied, 464 So. 2d 554 (Fla.1985), is misplaced. Unlike Colina, the record in this case does not demonstrate as a matter of law that the drivers were acting in disregard of their own safety and that of others. The plaintif…
Authorities Cited
- State of Fla. ex rel. Juan Gutierrez v. Honorable Paul Baker, 276 So. 2d 470 (Fla. 1973)